Art. 15. Laws relating to family rights and duties, or to the status, Art. 816.

Art. 816. The will of an alien who is abroad produces effect in the
condition and legal capacity of persons are binding upon citizens of the Philippines if made with the formalities prescribed by the law of the
Philippines, even though living abroad. (9a) place in which he resides, or according to the formalities observed in his
country, or in conformity with those which this Code prescribes. (n)
Art. 16. Real property as well as personal property is subject to the law
of the country where it is stipulated. Art. 819. Wills, prohibited by the preceding article, executed by Filipinos
in a foreign country shall not be valid in the Philippines, even though
However, intestate and testamentary successions, both with respect to
authorized by the laws of the country where they may have been
the order of succession and to the amount of successional rights and to
executed. (733a)
the intrinsic validity of testamentary provisions, shall be regulated by the
national law of the person whose succession is under consideration, Art. 829. A revocation done outside the Philippines, by a person who
whatever may be the nature of the property and regardless of the does not have his domicile in this country, is valid when it is done
country wherein said property may be found. (10a) according to the law of the place where the will was made, or according
to the law of the place in which the testator had his domicile at the time;
Art. 17. The forms and solemnities of contracts, wills, and other public
and if the revocation takes place in this country, when it is in accordance
instruments shall be governed by the laws of the country in which they
with the provisions of this Code. (n)
are executed.
Art. 1039. Capacity to succeed is governed by the law of the nation of
When the acts referred to are executed before the diplomatic or
the decedent. (n)
consular officials of the Republic of the Philippines in a foreign country,
the solemnities established by Philippine laws shall be observed in their Rule 132, Se. 25- Sec. 25 . What attestation of copy must state. — Whenever a
execution. copy of a document or record is attested for the purpose of evidence, the
attestation must state, in substance, that the copy is a correct copy of the
Prohibitive laws concerning persons, their acts or property, and those original, or a specific part thereof, as the case may be. The attestation must be
which have, for their object, public order, public policy and good under the official seal of the attesting officer, if there be any, or if he be the
customs shall not be rendered ineffective by laws or judgments clerk of a court having a seal, under the seal of such court.
promulgated, or by determinations or conventions agreed upon in a
Rule 130, Sec. 46-Learned treatises. — A published treatise, periodical or
foreign country. (11a)
pamphlet on a subject of history, law, science, or art is admissible as tending
Art. 815. When a Filipino is in a foreign country, he is authorized to make to prove the truth of a matter stated therein if the court takes judicial notice,
a will in any of the forms established by the law of the country in which or a witness expert in the subject testifies, that the writer of the statement in
he may be. Such will may be probated in the Philippines. (n) the treatise, periodical or pamphlet is recognized in his profession or calling as
expert in the subject.
Under Article 15, the Philippines follows the nationality theory. Family rights and duties, In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the
status and legal capacity of Filipinos are governed by Philippine law. law of the Philippines should govern regarding the distribution of the
properties is invalid.
GR: Under Article 26 of the Family Code, all marriages solemnized outside
the Philippines in accordance with the laws in force in the country where they were
solemnized and valid there as such, is also valid in the Philippines. In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the
decedent was a citizen of California who resided in the Philippine. The problem was that
EX: If the marriage is void under Philippine law, then the marriage is void even if it is valid in
under Philippine law, the national law of the decedent shall govern. On the other
the country where the marriage was solemnized .
hand, under California law, the law of the state where the decedent has his domicile shall
Exception to the exception:
govern. The SC accepted the referral by California law and applied Philippine law (single
1. Article 35, Family Code
renvoi).
Art. 35. The following marriages shall be void from the beginning:
(2) Those solemnized by any person not legally authorized to perform marriages unless such Problem: What if the decedent is a Filipino domiciled in a foreign country which
marriages were contracted with either or both parties believing in good faith that the follows the domiciliary theory?
solemnizing officer had the legal authority to do so; According to Professor Balane, one way to resolve the situation is this –
2. Article 35, Family Code Philippine law should govern with respect to properties in Philippine while the law of
Art. 35. The following marriages shall be void from the beginning: the domicile should govern with respect to properties located in the state of domicile.
(3) Those solemnized without license, except those covered the preceding Chapter;
Even if the foreign marriage did not comply with either 2 and 3 of Article
Art. 17. The forms and solemnities of contracts, wills, and other public
35, Philippine law will recognize the marriage as valid as long as it is valid under foreign law.
instruments shall be governed by the laws of the country in which they are
executed.
When the acts referred to are executed before the diplomatic or consular
Art. 16. Real property as well as personal property is subject to the law of the country where
officials of the Republic of the Philippines in a foreign country, the solemnities
it is stipulated.
established by Philippine laws shall be observed in their execution.
Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of Prohibitive laws concerning persons, their acts or property, and those
the country in which it is located). which have for their object public order, public policy and good customs shall
In Tayag vs. Benguet consolidated, the SC said that Philippine law shall govern in cases not be rendered ineffective by laws or judgments promulgated, or by
involving shares of stock of a Philippine corporation even if the owner is in the US. determinations or conventions agreed upon in a foreign country.

Lex loci celebrationis (formal requirements of contracts, wills, and other public
Art. 16. However, intestate and testamentary successions, both with respect to the order of instruments are governed by the country in which they are executed)
succession and to the amount of successional rights and to the intrinsic validity of There is no conflict between the 1st of Article 16 and the 1st of Article 17 since
testamentary provisions, shall be regulated by the national law of the person whose they talk of 2 different things.
succession is under consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found. Thus, the formal requirements of a contract involving real property in the Philippines must follow the
formal requirements of the place where the contract was entered
This is merely an extension of the nationality theory in Article 15. into.
The national law of the decedent regardless of the location of the property shall
However, if what is involved is not the formal requirements, then the law of the
govern. Thus, the national law of the decedent shall determine who will succeed. place where the properties (whether real or personal) are located shall govern